overruled defense (Florida) · Go Syfert
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overruled defense in Florida

26 Florida opinions name it 2 courts 1984–2019 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Snelgrove v. Stategreen
fla · 2005 · cited in 4 Florida opinions naming this issue, 2010–2019
2 sentences

2019Snelgrove v. State, 921 So. 2d 560, 568 (Fla. 2005).

2018Snelgrove v. State, 921 So. 2d 560, 568 (Fla. 2005).

44
Ruiz v. Stategreen
fla · 1999 · cited in 2 Florida opinions naming this issue, 2015–2015
2 sentences

2015This Court has explained that “[a] criminal trial is a neutral arena wherein both sides place evidence for the jury’s consideration; the role of counsel in closing argument is to assist the jury in analyzing that evidence, not to obscure the jury’s view with . . . nonrecord evidence.” Ruiz v. State, 743 So. 2d 1, 4 (Fla. 1999) (emphasis supplied).

2015(Emphasis supplied.) The trial court overruled defense counsel’s objection to this comment. - 31 - This Court has explained that “[a] criminal trial is a neutral arena wherein both sides place evidence for the jury’s consideration; the role of counsel in closing argument is to assist the jury in analyzing that evidence, not to obscure the jury’s view with . . . nonrecord evidence.” Ruiz v. State, 743 So. 2d 1, 4 (Fla. 1999) (emphasis supplied).

22
Fernandez v. Stategreen
fladistctapp · 2017 · cited in 1 Florida opinions naming this issue, 2017–2017
1 sentence

2017See Fernandez, 212 So.3d at 497 . ■ Affirmed in part; reversed in part; remanded with directions.

11
State v. Durhamgreen
lactapp · 1999 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015This Court has explained that “[a] criminal trial is a neutral arena wherein both sides place evidence for the jury’s consideration; the role of counsel in closing argument is to assist the jury in analyzing that evidence, not to obscure the jury’s view with ... nonrecord evidence.” Ruiz v. State, 748 So.2d 1, 4 (Fla.1999) (emphasis supplied).

11
Alston v. Stategreen
fla · 1998 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013“A trial judge’s ruling on the admissibility of evidence will not be disturbed absent an abuse of discretion.” Alston v. State, 723 So.2d 148, 156 (Fla.1998).

11
State v. DiGuiliogreen
fla · 1986 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013See State v. DiGuilio, 491 So.2d 1129 (Fla.1986); Mitchell v. State, 118 So.3d 295 (Fla. 3d DCA 2013).

11
Gosciminski v. Stategreen
fla · 2008 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012See id. at 1024 .

11
Lubin v. Stategreen
fladistctapp · 2000 · cited in 1 Florida opinions naming this issue, 2007–2007
1 sentence

2007We review denial of a motion for mistrial by an abuse of discretion standard; "a mistrial should only be declared if `the error is so prejudicial and fundamental that it denies the accused a fair trial.'" Lubin v. State, 754 So.2d 141, 143 (Fla. 4th DCA 2000) (citation omitted).

11
Gore v. Stategreen
fla · 1998 · cited in 1 Florida opinions naming this issue, 2001–2001
1 sentence

2001See id.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (17)

CaseCitedYears
Sawyer v. State green
fla · 1975
2 sentences

1985Relying on Sawyer v. State, 313 So.2d 680 (Fla. 1975), cert. denied, 428 U.S. 911 , 96 S.Ct. 3226 , 49 L.Ed.2d 1220 (1976), the trial court overruled the defense's objections.

1985Relying on Sawyer v. State, 313 So.2d 680 (Fla.1975), cert. denied, 428 U.S. 911 , 96 S.Ct. 3226 , 49 L.Ed.2d 1220 (1976), the trial court overruled the defense’s objections.

21985–1985
Pulliam v. Georgia green
scotus · 1976
2 sentences

1985Relying on Sawyer v. State, 313 So.2d 680 (Fla. 1975), cert. denied, 428 U.S. 911 , 96 S.Ct. 3226 , 49 L.Ed.2d 1220 (1976), the trial court overruled the defense's objections.

1985Relying on Sawyer v. State, 313 So.2d 680 (Fla.1975), cert. denied, 428 U.S. 911 , 96 S.Ct. 3226 , 49 L.Ed.2d 1220 (1976), the trial court overruled the defense’s objections.

21985–1985
Suggs v. State green
fla · 2005
1 sentence

2016After the prosecutor , used the term “diversionary”- one last time, the defense objected, and the trial court asked the attorneys to approach the bench for a sidebar conference. -During the sidebar conference; the trial court' explained that it had overruled the objections because it did not find, after reading the decision in Suggs v. State, 923 So.2d 419 (Fla.2005), that use of the word “diversionary” alone was sufficient to violate, a defendant’s right to a fair trial.

12016–2016
Mims v. State green
fladistctapp · 2004
1 sentence

2015Id.

12015–2015
Mitchell v. State green
fladistctapp · 2013
1 sentence

2013See State v. DiGuilio, 491 So.2d 1129 (Fla.1986); Mitchell v. State, 118 So.3d 295 (Fla. 3d DCA 2013).

12013–2013
Smith v. State green
fla · 1986
2 sentences

2011Id.

2011Id.

12011–2011
Crawford v. Washington green
scotus · 2004
2 sentences

2009The certifí-cate reported that a county and statewide search reflected that a contractor’s license had not been issued to anyone named “Randy Washington.” Defense counsel objected to the document’s introduction, arguing that it was hearsay and violated the Sixth Amendment and the principles set forth in Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), The trial court overruled defense counsel’s objection and that ruling is the subject of the instant appeal.

2009The certifí-cate reported that a county and statewide search reflected that a contractor’s license had not been issued to anyone named “Randy Washington.” Defense counsel objected to the document’s introduction, arguing that it was hearsay and violated the Sixth Amendment and the principles set forth in Crawford v. Washington, 541 U.S. 36 , 124 S.Ct. 1354 , 158 L.Ed.2d 177 (2004), The trial court overruled defense counsel’s objection and that ruling is the subject of the instant appeal.

12009–2009
Allen v. United States green
· 1896
2 sentences

2008In contrast, defense counsel in this case merely asked the court to “tell them about Mr. Allen,” an obvious but super-generalized reference to Allen v. United States, 164 U.S. 492 , 17 S.Ct. 154 , 41 L.Ed. 528 (1896).

2008In contrast, defense counsel in this case merely asked the court to “tell them about Mr. Allen,” an obvious but super-generalized reference to Allen v. United States, 164 U.S. 492 , 17 S.Ct. 154 , 41 L.Ed. 528 (1896).

12008–2008
Hitchcock v. State green
fla · 1996
1 sentence

2008This ruling was consistent with our direction in Hitchcock V, 673 So.2d at 863 , that "sexual attacks upon persons other than the victim" not be the subject of the State's questions or evidence.

12008–2008
Goodwin v. State green
fladistctapp · 1998
1 sentence

2008The trial court overruled the defense’s request, [and] noted the objection ...” Goodwin, 717 So.2d at 562 .

12008–2008
Dessaure v. State green
fla · 2004
1 sentence

2005Dessaure v. State, 891 So.2d 455 , 465 n. 5 (Fla.2004) ("We recognize that the proper standard of review for an overruled defense objection is a harmless error standard.").

12005–2005
Bello v. State green
fla · 1989
1 sentence

2001Id.

12001–2001
Blake v. State green
fladistctapp · 1976
1 sentence

1993The prosecution cited to the trial court the case of Blake v. State, 332 So.2d 676 (Fla. 4th DCA 1976), assuring the trial court that Blake was still "good law." After consideration of Blake , the trial court overruled the defense objection.

11993–1993
Young v. State green
fladistctapp · 1987
1 sentence

1988This court reversed, finding the Blitch rationale applicable, that is, "that the instruction might have misled the jury by inaccurately appearing to suggest that a killing can never be excusable if committed with a dangerous weapon." 509 So.2d at 1341 .

11988–1988
West v. State green
fla · 1942
2 sentences

1985Excluding persons from the rule of sequestration is within a trial court's discretion, West v. State, 149 Fla. 436 , 6 So.2d 7 (1942), and Stano has demonstrated no abuse of discretion or any prejudice here.

1985Excluding persons from the rule of sequestration is within a trial court's discretion, West v. State, 149 Fla. 436 , 6 So.2d 7 (1942), and Stano has demonstrated no abuse of discretion or any prejudice here.

11985–1985
Morgan v. State green
fla · 1982
1 sentence

1984We recently addressed the same issue in Morgan v. State, 415 So.2d 6 (Fla.), cert. denied, ___ U.S. ___, 103 S.Ct. 473 , 74 L.Ed.2d 621 (1982).

11984–1984
Knapp v. Cardwell green
scotus · 1982
2 sentences

1984We recently addressed the same issue in Morgan v. State, 415 So.2d 6 (Fla.), cert. denied, ___ U.S. ___, 103 S.Ct. 473 , 74 L.Ed.2d 621 (1982).

1984We recently addressed the same issue in Morgan v. State, 415 So.2d 6 (Fla.), cert. denied, ___ U.S. ___, 103 S.Ct. 473 , 74 L.Ed.2d 621 (1982).

11984–1984

Statutes the citing opinions construe

FL § 921.141 (7) FL § 90.403 (4) FL § 782.04 (3) FL § 90.404 (3) FL § 90.803 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 52 (1959–2026) TX 48 (1934–2024) LA 48 (1866–2019) OH 30 (1995–2025) FL 26 (1984–2019) IL 22 (1918–2026) AL 16 (1958–2001) MI 15 (1877–2019) MO 14 (1894–2022) NY 14 (1844–2014) GA 9 (1951–2026) WA 8 (1905–2019) MS 7 (1963–2018) NC 7 (1859–2026) PA 7 (1978–2019) MD 7 (1990–2022) CT 6 (1971–2021) HI 6 (1906–2018) OK 6 (1929–2022) AR 6 (1916–2021) IN 5 (1976–2000) TN 5 (2011–2022) DC 5 (1986–2024) CO 5 (1983–2025) KY 5 (1995–2024) VA 4 (1900–2018) SC 4 (1935–1998) NJ 4 (1950–2026) KS 3 (1925–2004) OR 3 (2020–2025) NE 2 (1987–2013) IA 2 (1935–2020) UT 2 (1998–2013) AZ 2 (2006–2012) WV 2 (1928–2001)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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